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Server Time: 11/21/2008 5:56:46 PM PACIFIC |
 Internet gambling declared legal... by accident?, Easy E, 10. Jul 2003 14:22 | ||
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| From Prof I. Nelson Rose's article online CardPlayer " Gambling and the Law I. Nelson Rose MasterCard Wins Hollow Victory (snip) In the latest decision, the U.S. Fifth Circuit Court of Appeals agreed with the trial judge that, given the facts alleged, MasterCard and Visa could not be sued for allowing their cards to be accepted by Internet casinos. But, the plaintiffs' lawyers made mistakes that could be fixed. The case involved numerous class-action lawsuits from around the country. The trial judge ordered the plaintiffs to choose two test cases, to see whether the RICO claim was any good. This meant that potentially millions of players were represented by two typical individuals. (snip) The plaintiffs' lawyers still could have won, if they proved a violation of federal anti-gambling laws. The Wire Act, for example, prohibits gambling businesses from knowingly using an interstate wire to transmit "bets or wagers or information assisting in the placing of bets or wagers on any sporting event or contest." The statute also uses the phrase "bets or wagers" without adding "sporting event." The MasterCard decision is important because the Court held that the Wire Act is limited to sports bets. Thus, under federal law, as it is now written, Internet casinos and lotteries are legal." Should we be celebrating here? Or at least until it gets to the next level of appeals? | ||
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| Re: Internet gambling declared legal... by accident?, stdioh, 10. Jul 2003 14:27 | ||
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| No poing in celebrating. It is very obvious that the united states views gambling on the internet as illegal but impractical to enforce. Until they start their "war on betting" it is going to slide by, but it is very obvious that the intention is to stop it. | ||
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| Re: Internet gambling declared legal... by accident?, gary ford, 10. Jul 2003 15:01 | ||
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| on 10. Jul 2003 14:27 stdioh wrote: > No poing in celebrating. It is very obvious that the united states views gambling on > the internet as illegal but impractical to enforce. Until they start their "war on > betting" it is going to slide by, but it is very obvious that the intention is to > stop it. Hi studioh--- I got an opinion from Prof. Rose who i know and he stated that if poker is legal in a given state or not illegal, then it is not covered by the law as written at this time. This debate raged in California for years as to whether any form of poker other than draw was legal. There was a specific prohibition about games defined as " stud-horse poker ". George Hardie was instrumental in getting stud and hold'em legalized when he was General Manager of the Bicycle Club, thus resulting in the famous explosion of no fold-em hold-em that caused professionals from Las Vegas to descend on California in droves. They did make Annie Duke keep her shoes on, however. Have no fear online poker is here to stay. Gary | ||
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| Re: Internet gambling declared legal... by accident?, stdioh, 10. Jul 2003 15:19 | ||
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| Sure, but the problem comes with licencing. If you were to spread your own card game and take a rake, you would be running an illegal casino because you wouldn't be licenced by the state to run a for-profit game. Likewise, internet poker is not sanctioned by the states in question. | ||
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| Re: Internet gambling declared legal... by accident?, Lottery Larry, 10. Jul 2003 19:07 | ||
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| maybe not sanctioned, but do the states have any say, since it is on the internet? i ask because i'm seriously thinking about joining the online scene since i can't get to Atlantic City often. | ||
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| Re: Internet gambling declared legal... by accident?, stdioh, 11. Jul 2003 10:11 | ||
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| Well, if you're planning to play then it is irrelevant as nobody is about to take any action against individuals who play online. Go nuts. You'll hear about it long before it is a problem if they decide to make it illegal for you to play online. | ||
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